HOUSE BILL No. 6188


     September 24, 1998, Introduced by Rep. Gagliardi and referred to the Committee on Local Government.


        A bill to amend 1968 PA 191, entitled

   "An act to create a state boundary commission; to prescribe its
   powers and duties; to provide for municipal incorporation, con-
   solidation and annexation; and to repeal certain acts and parts
   of acts,"

   by amending section 11b (MCL 123.1011b), as added by 1982

   PA 192.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec.  11b.  (1) If the commission, after determining the

 2    validity of a petition or resolution for annexation, has ordered

 3    a public hearing pursuant to section 9 of  Act No.  279 of the

 4     Public Acts of 1909, as amended, being section 117.9 of the

 5     Michigan Compiled Laws  THE HOME RULE CITY ACT, 1909 PA 279,

 6    MCL 117.9, and if on the date the petition or resolution was

 7    filed more than 100 persons resided in the area proposed for

 8    annexation, the legislative body of each city and township



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 1    affected by the proposed annexation may pass a resolution calling

 2    for a referendum on the question of annexation.  If a copy of

 3    each resolution passed by the legislative body of each affected

 4    city and township is filed with the commission and the commission

 5    approves the annexation, the commission, in its order approving

 6    the annexation, shall order that a referendum on the question of

 7    annexation be held in each affected city and township.  If a res-

 8    olution calling for a referendum on the question of annexation is

 9    not passed by each affected city and township and filed with the

10    commission, the referendum and election shall be subject to

11     section 9(5) of Act No.  279 of the Public Acts of 1909, as

12     amended  SECTION 9(4) OF THE HOME RULE CITY ACT, 1909 PA 279,

13    MCL 117.9.  However, if a referendum in each affected city and

14    township is ordered pursuant to this section and if the majority

15    of the electorate voting on the question in each city and town-

16    ship in which a referendum was held, voting separately, approve

17    the annexation, the annexation shall be effective on a date set

18    by order of the commission, otherwise the annexation shall not

19    take effect.

20         (2) This section  shall apply  APPLIES to all petitions or

21    resolutions for annexation filed with the commission after May 1,

22    1982.

23         (3) This section is an alternative to the referendum and

24    election process provided for in  section 9(5) of Act No.  279 of

25     the Public Acts of 1909, as amended  SECTION 9(4) OF THE HOME

26    RULE CITY ACT, 1909 PA 279, MCL 117.9, and does not supersede





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 1     section 9(5) of Act No.  279 of the Public Acts of 1909, as

 2     amended  THAT SECTION.

 3         Enacting section 1.  This amendatory act does not take

 4    effect unless Senate Bill No. __________ or House Bill

 5    No. __________ (request no. 06962'98) of the 89th Legislature is

 6    enacted into law.












































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